II 

114TH CONGRESS 

1ST SESSION S. 1016 

To preserve freedom and choice in health care. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2015 

Mr. JOHNSON (for himself, Mr. BARRASSO, Mr. BLUNT, Mr. COATS, Mr. 

COCHRAN, Mr. CORNYN, Mr. DAINES, Mr. ENZI, Mrs. ERNST, Mr. GARDNER, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. HELLER, Mr. ISAKSON, Mr. MCCAIN, Mr. MCCONNELL, Mr. PERDUE, Mr. ROBERTS, Mr. 

SCOTT, Mr. THUNE, Mr. TILLIS, Mr. WICKER, Mr. INHOFE, Mr. 

ROUNDS, Mrs. FISCHER, Mr. SHELBY, Mr. RISCH, Mr. CRAPO, and Mr. 

SESSIONS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To preserve freedom and choice in health care. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preserving Freedom 

5 and Choice in Health Care Act’’. 

6 SEC. 2. REPEALING THE INDIVIDUAL MANDATE. 

7 Sections 1501 and 1502 and subsections (a), (b), (c), 

8 and (d) of section 10106 of the Patient Protection and 

9 Affordable Care Act (and the amendments made by such 


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1 sections and subsections) are repealed and the Internal 

2 Revenue Code of 1986 shall be applied and administered 

3 as if such provisions and amendments had never been en4 acted. 

5 SEC. 3. REPEALING THE EMPLOYER MANDATE. 

6 Sections 1513 and 1514 and subsections (e), (f), and 

7 (g) of section 10106 of the Patient Protection and Afford8 able Care Act (and the amendments made by such sections 

9 and subsections) are repealed and the Internal Revenue 

10 Code of 1986 shall be applied and administered as if such 

11 provisions and amendments had never been enacted. 

12 SEC. 4. MODIFICATIONS TO PREMIUM ASSISTANCE CREDIT. 

13 (a) EXTENSION OF CREDIT FOR CERTAIN INDIVID14 UALS NOT ENROLLED THROUGH STATE EXCHANGES.— 

15 Paragraph (3) of section 36B(b) of the Internal Revenue 

16 Code of 1986 is amended by adding at the end the fol17 lowing new subparagraph: 

18 ‘‘(F) SPECIAL RULE FOR INDIVIDUALS EN19 ROLLED THROUGH A FEDERAL EXCHANGE.—In 

20 the case of any applicable taxpayer who is not 

21 eligible for the credit allowed under subsection 

22 (a) (determined without regard to this subpara23 graph) solely as a result of a determination by 

24 the Supreme Court of the United States in the 

25 case of King v. Burwell (2015), paragraph 


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1 (2)(A) shall be applied to months beginning be2 fore September 2017, by substituting ‘enrolled 

3 in through an Exchange established under the 

4 Patient Protection and Affordable Care Act’ for 

5 ‘enrolled in through an Exchange established by 

6 the State under 1311 of the Patient Protection 

7 and Affordable Care Act’.’’. 

8 (b) DENIAL OF CREDIT FOR INDIVIDUALS NOT PRE9 VIOUSLY ENROLLED.—Subsection (b) of section 36B of 

10 the Internal Revenue Code of 1986 is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(4) LIMITATION FOR INDIVIDUALS NOT PRE13 VIOUSLY ENROLLED.—The premium assistance cred14 it amount shall be zero with respect to any qualified 

15 health plan unless such plan covers an individual de16 scribed in paragraph (2)(A) who was enrolled in a 

17 qualified health plan through an Exchange estab18 lished under the Patient Protection and Affordable 

19 Care Act before the date of the enactment of this 

20 paragraph.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to months beginning after Decem23 ber 31, 2013. 


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1 SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE. 

2 (a) IN GENERAL.—Part 2 of subtitle C of title I of 

3 the Patient Protection and Affordable Care Act (42 

4 U.S.C. 18011 et seq.) is amended by striking section 1251 

5 and inserting the following: 

6 ‘‘SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE. 

7 ‘‘(a) NO CHANGES TO EXISTING COVERAGE.— 

8 ‘‘(1) IN GENERAL.—Nothing in this Act (or an 

9 amendment made by this Act) shall be construed to 

10 require that an individual terminate coverage under 

11 a group health plan or health insurance coverage in 

12 which such individual was enrolled during any part 

13 of the period beginning on the date of enactment of 

14 this Act and ending on December 31, 2017. 

15 ‘‘(2) CONTINUATION OF COVERAGE.—With re16 spect to a group health plan or health insurance cov17 erage in which an individual was enrolled during any 

18 part of the period beginning on the date of enact19 ment of this Act and ending on December 31, 2017, 

20 this subtitle and subtitle A (and the amendments 

21 made by such subtitles) shall not apply to such plan 

22 or coverage, regardless of whether the individual re23 news such coverage. 

24 ‘‘(b) ALLOWANCE FOR FAMILY MEMBERS TO JOIN

25 CURRENT COVERAGE.—With respect to a group health 

26 plan or health insurance coverage in which an individual 


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1 was enrolled during any part of the period beginning on 

2 the date of enactment of this Act and ending on December 

3 31, 2017, and which is renewed, family members of such 

4 individual shall be permitted to enroll in such plan or cov5 erage if such enrollment is permitted under the terms of 

6 the plan in effect as of such date of enrollment. 

7 ‘‘(c) ALLOWANCE FOR NEW EMPLOYEES TO JOIN

8 CURRENT PLAN.—A group health plan that provides cov9 erage during any part of the period beginning on the date 

10 of enactment of this Act and ending on December 31, 

11 2017, may provide for the enrolling of new employees (and 

12 their families) in such plan, and this subtitle and subtitle 

13 A (and the amendments made by such subtitles) shall not 

14 apply with respect to such plan and such new employees 

15 (and their families). 

16 ‘‘(d) EFFECT ON COLLECTIVE BARGAINING AGREE17 MENTS.—In the case of health insurance coverage main18 tained pursuant to one or more collective bargaining 

19 agreements between employee representatives and one or 

20 more employers that was ratified before December 31, 

21 2017, the provisions of this subtitle and subtitle A (and 

22 the amendments made by such subtitles) shall not apply 

23 until the date on which the last of the collective bargaining 

24 agreements relating to the coverage terminates. Any cov25 erage amendment made pursuant to a collective barVerDate Sep 11 2014 03:30 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1016.IS S1016

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1 gaining agreement relating to the coverage which amends 

2 the coverage solely to conform to any requirement added 

3 by this subtitle or subtitle A (or amendments) shall not 

4 be treated as a termination of such collective bargaining 

5 agreement. 

6 ‘‘(e) DEFINITION.—In this title, the term ‘grand7 fathered health plan’ means any group health plan or 

8 health insurance coverage to which this section applies.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect as if included in the Pa11 tient Protection and Affordable Care Act (Public Law 

12 111–148). 

13 SEC. 6. ESSENTIAL HEALTH BENEFITS. 

14 (a) IN GENERAL.—Subsections (a) and (b) of section 

15 1302 of the Patient Protection and Affordable Care Act 

16 (42 U.S.C. 18022) are amended to read as follows: 

17 ‘‘(a) ESSENTIAL HEALTH BENEFITS PACKAGE.—In 

18 this title, the term ‘essential health benefits package’ 

19 means, with respect to any health plan, coverage that pro20 vide for benefits and cost sharing as required in the States 

21 in which such plan is offered. 

22 ‘‘(b) ESSENTIAL HEALTH BENEFITS.—Essential 

23 health benefits shall be defined to include those required 

24 by the State in which a health plan is offered.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect as if included in the Pa3 tient Protection and Affordable Care Act (Public Law 

4 111–148). 

Æ 


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